Prosecutors play Nero statement at trial

Friday was Day 2 of testimony in the trial of Officer Edward Nero, one of six Baltimore City police officers charged in the death of Freddie Gray. A friend of Gray's took the stand to offer key testimony about what he saw the day Gray was arrested. But what's missing so far is a step-by-step narrative of what happened during the detention and arrest of Gray.

The statement was taken on April 12, 2015, when Nero told investigators that he understood the Law Enforcement Officers' Bill of Rights and Miranda rights prior to making his statement.

Nero, a trained emergency medical technician, said that based on his training, he didn't believe Gray was having an asthma attack.

Nero said it looked like Gray was trying to attract attention and get people to come out after his arrest.

Nero stressed that while Officer Garrett Miller threatened the use of a stun gun, one was never used during Gray's arrest.

Nero said they were trying to get Gray in the transport van and away from the scene because of safety concerns and people beginning to gather.

Friend testifies about day of Gray's arrest

Testimony started Friday morning with a man who was with Gray on the day of his arrest.

Brandon Ross, a friend of Gray's for 10 years, and another man were with Gray on the day Gray was arrested. Ross said he, Gray and a friend went to get coffee, but the shop was closed.

Ross said Gray took off running on the way back to Gilmor Homes before he saw police.

"Brandon would like everyone to believe that Freddie Gray didn't see the police, because he decided to start jogging. Although it was brought out, he ran jagged and in an evasive course," said Warren Brown, a defense attorney not associated with the trial.

Ross said when he saw Gray arrested, he went to a neighbor and called 911 to report an assault by police. Ross said he used a fake name, Rodney Clark, when he called 911 because he didn't want to get harassed by police.

Ross identified Officer Edward Nero as one of the officers at the scene of Gray's arrest. Ross showed his own video in which he identifies Nero as an officer who helped load Gray back into the police van. As agreed to in pretrial motions, prosecutors played a silent version of the video in court.

Ross testified that he saw Gray laying on the ground, hands cuffed behind his back, legs shackled. Ross told the judge he saw Nero pick Gray up by his feet. Then, Nero and other officers placed Gray into the police van head-first and on his belly.

The testimony contradicts the defense opening statements claiming Nero touched Gray to help him up in the van seat and to help him find an inhaler.

Under cross-examination, Ross said Nero was not the officer who handcuffed Gray because he was retrieving police bicycles.

Nero is the second of six officers to go on trial in the Gray case. Officer William Porter went on trial late last year.

Asked by the defense whether drugs were sold at Gilmor Homes, Ross said, "Where are drugs not sold in Baltimore City?"

The defense asked Ross about claims he made to investigators that officers used a stun gun on Gray.

Ross answered, "I said it sounded like a Taser."

Ross was led away in handcuffs after completing his testimony. According to charging documents, Ross is charged with stabbing a man during a fight in March.

University of Maryland law professor Doug Colbert said Ross' testimony helps prosecutors set the scene for the moments leading up to Gray's arrest.

"Ross helps prosecutors describe the events leading up to the arrest of Freddie Gray," Colbert said.

Baltimore police Detective Michael Boyd also testified. He was part of the task force that investigated the Freddie Gray incident that helped identify all of the officers that came in contact with Gray, including Nero and the other five defendants.

Nero and Miller, both members of the Baltimore Police Department since 2012, are charged with second-degree assault, misconduct in office and reckless endangerment. All the charges are misdemeanors.

Porter's trial on manslaughter and related charges ended in a mistrial in December. Porter, who is set to be retried in September, along with Miller, could be compelled to testify in Nero's trial.

Colbert said the prosecution has been very methodical in its presentation of its case against Nero.

Much of the case centers around the legality of Gray's arrest and whether Nero should be held responsible for not making sure Gray had a seat belt on when placed in the police transport van.

"Prosecutors don't need to prove injury to prove assault," Colbert said. "They just need to prove unconsented touching. For reckless endangerment, prosecutors need to show Nero placed Freddie Gray in an unprotected position by not placing a seat belt on him."